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3.7. SR 02-20-2007
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3.7. SR 02-20-2007
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1/21/2008 8:36:47 AM
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2/20/2007
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<br />the part of the defendant as the proximate cause of an accident. <br />Subd. 8. Minimum speeds. On determining upon the basis of an engineering and traffic <br />investigation that a speed at least as great as, or in excess of, a specified and determined <br />minimum is necessary to the reasonable and safe use of any trunk highway or portion thereof, <br />the commissioner may erect appropriate signs specifying the minimum speed on such highway <br />or portion thereof. The minimum speed shall be effective when such signs are erected. Any <br />speeds less than the posted minimum speeds shall be prima facie evidence that the speed is not <br />reasonable or prudent and that it is unlawful. <br />Subd. 9. Standards of evidence. In any prosecution in which the rate of speed of a motor <br />vehicle is relevant, evidence of the speed of a motor vehicle as indicated on the speedometer <br />thereof shall be admissible on a showing that a vehicle is regularly used in traffic law <br />enforcement <br />and that the speedometer thereon is regularly and routinely tested for accuracy and a record of <br />the results of said tests kept on file by the agency having control of said vehicle. Evidence as to <br />the speed indicated on said speedometer shall be prima facie evidence that the said vehicle was, <br />at the time said reading was observed, traveling at the rate of speed so indicated; subject to <br />correction by the amount of error, if any, shown to exist by the test made closest in time to the <br />time of said reading. <br />Records of speedometer tests kept in the regular course of operations of any law enforcement <br />agency shall be admissible without further foundation, as to the results of said tests. Such records <br />shall be available to the defendant upon demand. Nothing herein shall be construed to preclude or <br />interfere with the cross examination or impeachment of evidence of rate of speed as indicated <br />by speedometer readings, pursuant to the Rules of Evidence. <br />Subd. 10. Radar; speed-measuring device; standards of evidence. (a) In any prosecution in <br />which the rate of speed of a motor vehicle is relevant, evidence of the speed as indicated on radar <br />or other speed-measuring device is admissible in evidence, subject to the following conditions: <br />(1) the officer operating the device has sufficient training to properly operate the equipment; <br />(2) the officer testifies as to the manner in which the device was set up and operated; <br />(3) the device was operated with minimal distortion or interference from outside sources; and <br />(4) the device was tested by an accurate and reliable external mechanism, method, or system <br />at the time it was set up. <br />(b) Records of tests made of such devices and kept in the regular course of operations of any <br />law enforcement agency are admissible in evidence without further foundation as to the results of <br />the tests. The records shall be available to a defendant upon demand. Nothing in this subdivision <br />shall be construed to preclude or interfere with cross examination or impeachment of evidence of <br />the rate of speed as indicated on the radar or speed-measuring device. <br />Subd. 11. Hand-held police traffic radar. (a) Law enforcement agencies that use hand-held <br />radar units shall establish operating procedures to reduce the operator's exposure to microwave <br />
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